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(영문) 전주지방법원 2018.04.04 2017가합3139
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

A. The defendant is a company that engages in a construction waste collection interim disposal business, waste recycling business, etc., and the defendant's director C and auditor D are the defendant's representative director E.

From around 2016, the Defendant promoted a project to promote energy efficiency in waste heat recovery and energy (hereinafter “instant project”), and sought a funding plan for the project.

B. The Defendant’s director C received the Plaintiff through F, and around July 2016, C and the Plaintiff respectively drafted a letter of appointment and cash payment commitment (hereinafter “instant letter of commitment”) with the following contents.

The name of the appointment letter: The defendant located in Jeonju-si delegated the project feasibility planning and the fund raising to the said person with respect to energy development projects newly promoted by the defendant.

In the event of the execution of funds, a full-time adviser, such as corporate advice on all matters, shall be commissioned to fully repay the borrowed funds and ensure the early stabilization of the energy development project, and the period of commission shall be five years from the date of the execution of the funds.

Provided, That the annual salary shall be determined through separate consultation.

(2) Passenger cars shall be provided.

(3) Other matters shall correspond to the bylaws of the company.

The appointing person: The representative director of the defendant E-general executive director C (C's resident registration number and address writing) of the representative director, and the defendant newly promoted the energy development project in the preceding week (Won 500,000,000) by entrusting A with all matters, including the planning of the project from the planning to the fund raising, and the selection of the project to be implemented in accordance with the financial review.

In the event of the execution of funds, I undertake to pay in cash the Won 500,000,000 won (Won 500,000,000) out of the office service charges of KRW 20,000,000, without any separate contract.

(1) Taxes and public charges shall be borne by the defendant.

(2) This obligation to pay in cash shall be null and void if the execution of the capital is not to be made.

3. The funds to be promoted by the defendant before this funds are executed in advance.

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